Opinion

National Labor Relations Board v. Heath Tec Division/san Francisco

  • 566 F.2d 1367
  • 97 L.R.R.M. (BNA) 2712
  • 1978 U.S. App. LEXIS 13187
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 5, 1978
Status
Published
Author
Merrill
On the bench
Merrill, Goodwin, Nielsen
Cited by
36 cases

The opinion

MERRILL, Circuit Judge,

concurring:

I concur in Judge Nielsen’s opinion but reach his part II result by a slightly different route. In my view the Hearing Officer was relieved of any duty to make an inde *1373 pendent evaluation of privilege by Heath Tec’s failure to attempt to meet its eviden-tiary needs without resort to privileged testimony. No showing of testimonial need on the part of Heath Tec having been made, there was nothing against which the Hearing Officer could weigh the importance of preserving the confidentiality of investigative files.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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